WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, September 27, 2012

SURVEY SAYS....

UPDATE: Lebron jury started deliberations around 2:30 in Lebron case. Herald reporter David Ovalle characterized Reid Ruben's closing as "devastating". Defense attorney Jeff Fink did his best, but the facts here are atrocious. One glimmer for defense: cops lost tape of Lebron's confession. But Lebron's DNA matched dna semen taken from victim. Fink said match was due to lab cross contamination. Very tough road to hoe. Reid showed the silent three minute crime scene tape as proof of premeditation: they marched her down embankment on I-95, through brush, and shot her in the head. Horrible facts. Horrible case. That poor poor girl. May she rest in peace.

Rumpole says: jury will be in before 6:00 pm.

UPDATE: Closings Friday morning State v Joel Lebron. Courtroom 4-2. Herald Reporter David Ovalle said Jury was "absolutely horrified" during 3 minute silent crime scene video of victim Ana Maria Angel. No surprise there. Horrifying case to be sure. Take this survey : SURVEYit has something to do with court appointments or some such nonsense. YOU HAVE TO TAKE THE SURVEY BEFORE SUNDOWN FRIDAY. It takes three minutes, but under existing norms you can bill a quarter hour. Have fun. Here is part of the email that went around:

COLLEAGUES:

Have you ever handled a Private Court Appointed Counsel (PCAC) criminal conflict case as a member of the PCAC Registry? Were you at one time a SAPD (Special Assistant Public Defender) back in the day? Are you considering the possibility of applying to the Registry to add some income to your bottom line, but don't particularly care for the fees being paid by the State of Florida?

Well then, we need your help. The Office of the State Courts Administrator (OSCA) is required by the 2012 General Appropriations Act to conduct a study of the reasonableness of the current mandated conflict counsel fees in criminal cases (those listed in s. 27.5304, F.S. and the Gen. Appropriations Act) to determine the adequacy and reasonableness of those fees. This study will be submitted to the Florida Legislature by January 15, 2013.

As part of this required study OSCA has prepared a brief survey to be completed by criminal defense attorneys so they have some standard by which to compare the current rates. They want to hear from both registry and non-registry attorneys for this survey. So, even if you have no intention of ever joining the PCAC Registry, your participation in this survey is still critically important to OSCA.

This survey will take less than three minutes to complete

If the people who had created this survey had merely contacted us, they would have several thousand responses by now.

See you in court. It was a lovely day in court on Thursday, wasn't it?

48 comments:

Rump,Capt,D.S., and my adversaries who hate my guts, albeit they have never met me and I could care less, good afternoon, and shalom.

Something very disturbing took place recently, before Yom Kippur,I contacted the Public Pretenders Office to retrieve a document from a case file and the conversation when as such:

Me:Hello, this is Johnnie L. Person, and I am calling in regards to case such and such, and defendant so and so, to retrieve a document in the case file.

L.A:Is this an open case ?

Me: Yes, very much so.

L.A.: Is the defendant sentenced yet?

Me: I beg your pardon, the defendant hasn't even been to trial.

L.A. Oh ok, then what do you need.

Me: Ms. I need to speak to Mrs. Lazy Lawyer regarding the case I referred to a second ago.

L.A.: Well Mrs. Lazy Lawyer is out of the office and you'll-

Me:Mam is your division chief, Mr. Asshole there.

L.A.:Let me check...Yes he's here but he's not available, would you like to speak to his voice mail.

Me:I'll leave a message if that's what you mean.

Note to myself(Put on calender for lazy lawyer).

My point is whoever said"Mitigation not Litigation" is correct, dammit. That office is a manure pile of schmuck retards. With the exception of Jay,Bob, and a very small group of others. Every formidable attorney they have there is, or are in the process of jumping ship and I see why. That office has no morale and is a breach of our Constitution.~AM~

I really do not know who I hate more, A.M or Angry Gurl. At least Angry Gurl just sticks to food. A.M. pretends like he is some kind of legal whiz when in reality he/she is just some needy child lashing out for attention.

AM, get over yourself. I can't believe how smug and rude you were during that call. Actually, on second thought, I can. You haven't even passed the Bar, yet think you know everything and are ready to judge everyone. I'd think that someone who purports to represent minorities and hates stereotpying would know better. Get a grip.

Marbury v. Madison may have been their first major legal battle, but President Thomas Jefferson and Chief Justice John Marshall clashed again in the treason trial of former Vice President Aaron Burr.

Burr may now be known best for his fatal duel with Alexander Hamilton in 1804, but by 1807 he was on trial for a plot that may (or may not) have involved fighting a private war against the Spanish; convincing the Western states to secede; and a mysterious cipher letter delivered by a “scoundrel” general into Jefferson’s own hand. In a trial lasting seven months, some of the new nation’s most skilled lawyers fought to define habeas corpus rights, the separation of powers and the constitutional definition of treason.

Professor R. Kent Newmyer reveals all these events in his new book, The Treason Trial of Aaron Burr: Law, Politics, and the Character Wars of the New Nation. He joined The Modern Law Library podcast to discuss his book with ABA Journal Web producer Lee Rawles. The Jefferson/Marshall showdown at what some call the greatest criminal trial in American history almost never came to be; Newmyer shares that Chief Justice Marshall presided over the trial in Richmond, Va., only because in those days Supreme Court justices were expected to ride circuit. He also discusses some of the legal minds who were involved in the trial, including a man named (confusingly) Luther Martin.

Reviews:

“Kent Newmyer, one of the most distinguished legal historians in the country, has written an extraordinarily learned and balanced account of what is arguably the greatest criminal trial in American history. The trial seems as relevant today as it was in 1807.” - Gordon S. Wood, Brown University

Note: The digital version of the book is available now; the print release date has been moved to Oct. 23, 2012.

I feel your pain. As not only a member of the Tribe, but a Canadian National to boot eh, I too am faced with the obstacles laid out by the Man.

Such a travesty when we are judged by a sweeping generalization. 1 does not define the whole. Like all us Canadians do is drink Labatts, watch Strange Brew, eat poutin and french fries drenched in mayo!?

Rump: gotta thank you for allowing the free expression via these comments, without ridiculous censorship, albeit some exceptions. On the other hand, DOM's PD blog is pure crap. He is very sensitive when it comes to his buddys, so he refuses to post negative comments when they include his pals. He will cover (read: fawn over) his pal Mike Tein, but will never allow negative comments when they are most deserving. What a sham.

Well 9:37 I appreciate the comments although I can assure you there are others who think completely opposite of you and are obsessed by their hatred of me, this blog, and well...sort of everything. But, c'est la vie. I guess we all have our own peccadilloes.

PS: DOM's blog is far from pure crap. David is a great lawyer and so is his blog. I don't know if he has a friendly relationship with Tein or not. But suppose they do. Suppose they socialize and much to DOM's chargrin his friend is in trouble- David has no obligation to allow his blog to be used to trash his friend and increase his friend's troubles. Even if his friend did everything they say he did. Tein's troubles may have put DOM or South Florida in a tough spot and it is to their credit that they protect their friend. The Herald is covering the story, and since I don't know any of the players personally, (although Lewis and I had words outside of court once, but that was strictly business and I won in the end anyway) you can opine about it here- almost everyone's favourite blog.

D.S., it is not just that one incident that drew me to that conclusion.Several unacceptable episodes have brought be to the point of disgust with that office.Btw the list that you established entails some of the most lazy incompetent attorney's in that office. The facts are facts and I'm going to always speak the truth. Some cannot accept the truth, however I frankly do not give a damn.

"It is much safer to follow truth alone, than to have all the world for company in the road of error".

I am sensible that he who means to do mankind a real service must set down with the determination of putting up, and bearing with all their faults, follies, prejudices,and mistakes until he can convince them that he is right, and that his object is a general good. -Thomas Paine 1782

rumpole - you take a stand up position, regarding DOM and SFL. the other side of that coin of course is you can write what you want when you want here, about lewis tein.

what the herald has written is tripe. one sided, and the tribe's lawyer is obviously using jay weaver . and jay is all too happy to take unfair shots and be a hack. its no secret from prior herald articles on other matters, that weaver despises lewis tein . jay is not fairly reporting at all. his eleven article are the same recycled accusations, with zero facts and solely the same silly accusations. not even reporting. he doesnt even bother to say "after a year NO EVIDENCE of any wrongdoing has been produced in the case."

and yes, i respect guy and mike and consider them professional and ethical and think most people in the legal community who know them , know that the lawsuit is garbage and will fail. what they are going through is unwarranted and not true.

if you were familiar with the litigation of the tribe's current lawyer, because you know you hail from the best traditions of lawyering - miami - you'd be sick.

so please - learn the case. learn the facts. read some of the stuff that's available, including dresnick's orders sanctioing the tribe's lawyers, vacating his findings on tein, and shepard with the third dca basically finding teh tribe's lawyer has acted unethically and contrary to his client's best interest. once you take time to learn some facts, I am confident that you will not continue to take the same shots at lewis tein.

i hope you had an easy fast. And i specifically forgave you for hurting my feelings.

So Guest blogger, in the spirit of reconcilliation, send me an email from an address if you can, I will invite you to be a guest blogger and write an impassioned defense of Lewis and Tein. I welcome it. In the alternative, write something, send it as a word attachment to an email, and I will post it under your name: guest blogger. My point is that I do not have a dog in this fight and if there is another side, I would love to have this blog associated with it. HR

I must say, SFL, I am flattered. I am loyal to the core with Horace as he gave me my start in this business, he gives me full rein to post on subjects that interest me, and he has rarely censored my writings. (Except when I write to bloat about the Miami Heat - actually he did let me hit him hard with that point counterpoint after the championship).

I usually stick to the politics of the community, as you know.

But, I will certainly entertain the thought of posting ocassionally on SFL.

I read your Blog daily and enjoy the content and the way you present the stories.

I assume you are looking forward next weekend to the Columbus Day Regatta events, with all its pomp and circumstance, and naked woman.

9:37: I have a way of blocking comments that come from particular users so I never have to see them. They just go to a spam folder where I can save them and then delete or file them for future use. Here is a recent example:

"Your blog is trash" and "you're a pig I hope you die you piece of worthless trash."

You have no idea El Capitian. Over the years I seem to attract tons of good lawyers, a few judges, and ...well, I guess if I cannot say anything nice I won't say anything at all. But I guess it all comes with the position and really, the bad folks are 1% of the job, and I think of them even less.

Abe Laeser gets the A-hole of the year award from FACDL-Miami this year for sure - here's the email he sent out on the FACDL list serve.

"Since I detest the back slapping involved in every Not Guilty announcement; thought that I would mention that Joel Lebron [defendant] got a very quick verdict today, as well. Since I was involved during my former career, I figured a few words would not hurt. After all, the result was well deserved. // ABE"

Abe - I don't know you but I am sure that no one in their right mind would ever hire you to defend them with these type of feelings. You seem to be seeking some response from us defense lawyers. Well here's my response. I like our little world. The congratulatory emails inspire me. The odds are always against us and its nice to be reminded that we can in fact beat the odds. Our little world obviously does not appeal to you, so FUCK OFF.

1:32pm, I don't recall applying any specificity, with the exception of naming the well known, hard working exceptional attorney's at the PD's office. Apparently you are not one of the more competent attorney's, and rightfully concluded, in light of your exhibition.

A.M., what are you calling the PD's for? It is obvious you are not a lawyer--if heaven forbid you actually are, I hope you have tons of malpractice insurance and the Bar Exam needs to be toughened--and you have no business calling about a PD client's case unless they have retained you.

to 7:44: you have a small brain, and really deserve no mention. However, denegrating Abe in that way shows you have no idea what a good lawyer, or what good lawyering, is. When you are "inspired" because a guilty person beat the rap, you have failed to understand the job of a defense attorney. It ain't to set the guilty free... it is to ensure our clients' rights are protected. Making it an "us vs them" game shows your lack of maturity and intellect. Which Abe has, in spades.

8:49 - that's why you will never make it as a defense attorney and will probably suck government money for the rest of your career. Our job is to beat the case - period!!! You think our clients just want their rights protected. No - our clients want to win the damn case. And they hire us to do just that. For the record I have walked guys on everything and anything from murder to DUI.

Abe's email was way out of line. His snarky email would never have been sent out about a victory from more established attorneys. But because is was about younger lawyers who won a serious case he felt it was necessary to denegrade their work. Shame on you Abe. And I agree with 9:55. Out job is to beat the case.

Congrats to the state for putting a monster away. But really, with DNA evidence, a confession, and an eyewitness, was the verdict really in doubt? Compare that to winning a trial as a public defender on an alleged violent crime. That victory deserves a back slap.

In the rural area that I grew up in, one of the first jobs that teenagers had was "hoeing beans," which was literally using a hoe to remove weeds from the rows of beans in a beanfield. Nobody was hoeing roads. It's pretty obvious that Rumpole grew up as a city boy.

As for Abe's comment, which one of us has not privately thought that a client deserved what they got. Of course, our job is to fight the State's case, but some of our clients are guilty as hell and deserve to be punished.

As to A.M.'s bashing of the PD's office--I have tried cases both against and with numerous APDs. Of course, in an office with 250 or so attorneys, there will be a few who are incompetent. But I can easily name 50 or more APDs (including DS) whom I would gladly hire to represent myself, a close family member or a good friend should they find themselves charged with a crime. I've practiced in several states, and the Miami-Dade PD's office is the best I've encountered.

Let's be clear here, there are exceptional attorneys at the PD's office. I am referring to the incompetent attorneys that incompetently boggle cases.Face the facts the bad ones out number the good ones.

As for 8:18pm, bravo, analysis like that one can get you into the ranks of the likes of Albert Einstein, keep up the extraordinary work, Sherlock.